Claimant v London Borough of Croydon
Outcome
Individual claims
The claim was struck out because the claimant did not have the necessary two years' continuous service required to bring an ordinary unfair dismissal claim. The claimant was employed for only 5 months (15 February 2024 to 15 July 2024) and did not respond to the tribunal's letter highlighting this jurisdictional issue or identify any special circumstances that would allow the claim to proceed.
Facts
The claimant was employed by Croydon Council for approximately five months, from 15 February 2024 to 15 July 2024. She brought a claim for unfair dismissal. The tribunal wrote to her on 18 December 2024 advising that she did not have the necessary two years' service to bring such a claim and gave her seven days to respond if there were special circumstances. She did not respond.
Decision
The tribunal struck out the unfair dismissal claim on the basis that it had no jurisdiction to hear it. The claimant lacked the qualifying period of two years' continuous employment required under the Employment Rights Act 1996, and no special circumstances were identified that would create an exception to this requirement.
Practical note
Unrepresented claimants must be aware of the two-year qualifying period for ordinary unfair dismissal claims and respond to tribunal correspondence highlighting jurisdictional issues.
Legal authorities cited
Statutes
Case details
- Case number
- 6008763/2024
- Decision date
- 30 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Employment details
- Service
- 5 months
Claimant representation
- Represented
- No